Representing Debtors When They’re Sued
We represent debtors when they’re sued. We do not recommend that you “act as your own lawyer.”
If you receive a summons and complaint you should immediately call an attorney. In state court, an answer to a collection complaint must be served on the creditor’s attorney within 21 days after service of the summons and complaint on you.
There are procedural rules on what proper service is that a consumer doesn’t know, but lawyers understand. In Minnesota state court a lawsuit is commenced when the summons and complaint are served on you. For collection lawsuits, the summons and complaint do not have to be filed with the court administrator or contain a file number to begin or “commence” the lawsuit against you.
Under Minnesota law, a creditor can begin to garnish your wages or bank accounts 40 days after you’re served with a complaint if you fail to serve a proper answer on the attorney for the creditor. This is called pre-judgment garnishment.
If you are sued (served with a summons and complaint) you should immediately call an attorney. We want you to call us.